Norris City Council

Minutes

Monday, September 10, 2012

 

 

 

 

BE IT REMEMBERED THAT THE CITY OF NORRIS CITY COUNCIL MET IN REGULAR SESSION ON MONDAY, SEPTEMBER 10TH, 2012, AT 7:00 P.M. WITH THE FOLLOWING COUNCIL MEMBERS PRESENT: JACK BLACK, LOY JOHNSON, TOMMY MARINER,

CHRIS MITCHELL, AND JOY WILSON. 

 

 

The meeting was called to order by Mayor Chris Mitchell.  Mayor Mitchell amended the agenda by moving Hear the Public and the minutes to after old business.

HEAR THE PUBLIC - ANNEXATION

Mayor Mitchell asked if there were any additional comments from the public concerning the annexation.   Each person wishing to speak would be given three minutes.  

1)      Greg Tindell, 2840 Andersonville Hwy. asked the council members to pray about the decision they were getting ready to make.

2)      John Alvis, speaking for Herb Miller, Andersonville Hwy.   Mr. Alvis asked the council members, if it belonged to you would you want it in Norris and zoned scenic?  Mayor Mitchell and Council MembersBlack, Mariner, and Johnson all said yes.  Council Member Joy Wilson said she was still considering her response.  Vice Mayor Mariner added by answering a different question, if I was in your place I would want to be in Norris, but a more pertinent question, is will I vote to drag you into Norris:  No.    Mr. Alvis said it was in his best interest not to be in the City of Norris and zoned scenic.    Mayor Mitchell asked Mr. Alvis if it was the S-1 zoning he was opposed to?  Mr. Alvis said he wants the same zoning the property had when he purchased the property even if it is not in his best interest - he said he may regret it later, but that is what he wants.  Mayor Mitchell said in his view was the current zoning of the property is more restrictive than the S-1 zoning.

3)      Richard Asparjo, 215 Bethel Rd. said he married into the community.  He said both Clinton and Norris wanted to annex Bethel, but he had never heard anyone from Bethel that said they wanted to be annexed - they wanted to be left alone.  He said this looks like the beginning of PlanET in Anderson County.

4)      Joe Fink, Norris, stated he would not have come to the meeting except that he had received a letter in the mail that upset him.  He felt the anonymous letter was threatening.  Mayor Mitchell asked what letter was he referring to and he said it was the letter that everyone in Norris had received and gave the letter to the council.  Mr. Fink said it was a lot of lies and half-truths.   He said normally he did not care if they annexed or not, but now he hoped they do.   Mayor Mitchell asked if there was anyone in the audience that would like to sign the letter as the author.  City Manager Tim Hester read the letter to the council and audience.

5)      Attorney Herb Moncier insisted that the mayor allow him more time than three minutes and he was granted 15 minutes.   He said he tried to put something together on Saturday and sent it to the Norris City Attorney Ed Pratt and he was told he could not submit it to the CityCouncil on behalf of the plaintiffs - he said that was backroom deception.  City Manager Hester stated the material arrived too late for inclusion in the council's September meeting package which had been sent out of Friday, September 7, 2012.    Moncier stated the council had misinformation before them and anything they do would be invalid.  He said he promised he would litigate to a jury and the City of Norris would lose.   Monicer stated that the City Manager had come outside and spoke with his client Mr. Hicks and told him the property would be grandfathered and told him a pie in the sky and that all it was a pie in the sky.  Monicer asked the council if they had a copy of the zoning ordinance they were going to vote on tonight and he said he was told they did not have a copy.  He said he was told there was not one in the house.  Numerous Council Members responded they had copies of the zoning ordinances they were to vote on.    He requested his papers submitted on Saturday be included in the meeting package and Mayor Mitchell said he would consider his request.

6)      Gary Golden, Dale Rd. moved here 10 years ago and decided to retire here.   He is an engineer and he stated the finger annexation of Clinton stretches 10 miles with most of the annexation being commercial.   He wants to make sure we don't have more mountains ripped apart like what happened in Clinton.

OLD BUSINESS

1.      Mayor Mitchell recommended Richard Dyer and Wayne Morris to fill two vacancies on the Norris Water Commission Board.  Motion was made to approve the appointment of Richard Dyer and Wayne Morris to the Water Commission Board by Vice Mayor Mariner.  Motion was seconded by Council Member Johnson.  Motion carried by voice vote.

2.      Ordinance 555, An Ordinance Annexing Territory and Incorporating Said Territory into the Corporate Limits of the City of Norris, Tennessee, parcel number 023.00, was presented for second reading approval.  Motion was made by Mayor Mitchell and seconded by Council Member Black to approve the seconded reading of Ordinance 555. Vice Mayor Mariner responded to a previous comment concerning finger annexation.  He said that comment was not correct that the City of Norris did not finger annex.  He said the first annexation was at the request of two residents, and then Museum of Appalachia was annexed and then the property across the road from the museum.  He said he had not talked with Mr. Miller in a long time and he respected Mr.Alvis' (per Power of Attorney) statement that Mr. Miller was against the annexation, but he had spoken to Mr. Miller a couple of years ago and he was for the annexation.    Vice Mayor Mariner said he cannot talk to Mr. Miller now concerning this matter and Mr. Alvis has made it clear that he is against annexation and he does not prefer to annex anyone that is against the annexation.Voting in favor:  Council Members Black, Loy, Mitchell, and Wilson.  Voting against:  Council Member Mariner.

3.      Resolution 8-2012 A Resolution Adopting A Plan-of-Services for the Properties Annexed Into the City of Norris, Tennessee By Ordinance 555 was presented for second reading approval.  Motion was made by Mayor Mitchell and seconded by Wilson to approve Resolution 8-2012.  The motion carried by voice vote.

4.       Ordinance 558, An Ordinance Amending the Zoning Map of the City of Norris, Tennessee, by Zoning Newly Annexed Territory S-1: Scenic (1) Highway District, as annexed by Ordinance 555.  Council Member Black recommended changing the zoning ordinance to S-2.  Resident Phyllis Helton asked what the difference was in the S-1 and S-2 zoning.  City Manager Hester said the setback for S-1 was 50 feet and the setback for S-2 was 30 feet and S-2 allows all commercial uses.  Council Member Wilson asked consideration of the tabling of this ordinance until additional review by Planning Commission and City Council.   Motion was made by Council Member Mariner to table the second reading of Ordinance 558.  The motion was seconded by Council Member Johnson.   Motion carried by voice vote.   This will be sent back to Planning Commission for possible zoning change to S-2.  Ordinance will be on the October 8, 2012 Council Meeting Agenda.  Mayor Mitchell invited John Alvis to attend the Planning Commission Meeting on Oct. 1st, 2012 at 7:00 p.m. when the zoning of his property and the property of Mr. Miller would be reviewed again.

 

5.       Ordinance 556 - An Ordinance Annexing Territory and Incorporating Said Territory into the Corporate Limits of the City of Norris, parcel number 024.00, was presented for second reading approval.  Vice Mayor Mariner asked Mr. Alvisagain if Mr. Miller was against the annexation.  Mr. Alvis said he did not like saying what he was about to say but that Mr. Miller's mind had not been right for a couple of years.  He said Herb had said a lot of things for the last few years.  Motion was made by Mayor Mitchell to approve the second reading of Ordinance 556.  Motion was seconded by Council Member Black.  Voting for:  Black, Johnson, Mitchell, and Wilson.  Voting against:  Mariner.                                                                                                                                                                            

6.       Resolution 9-2012 - A Resolution Adopting a Plan-Of-Services for the Properties Annexed Into the City of Norris, Tennessee by Ordinance 556 was presented for approval.  Motion was made by Mayor Mitchell to approve the resolution.  Motion was seconded by Council Member Wilson.  Motion carried by voice vote.

7.      Ordinance 559, An Ordinance Amending the Zoning Map of the City of Norris, Tennessee, by Zoning Newly Annexed Territory S-1: Scenic (1) Highway District, as annexed by Ordinance 556.  Motion was made by Vice Mayor Mariner to table the second reading of Ordinance 559.  The motion was seconded by Council Member Wilson.   Motion carried by voice vote.   Ordinance will be sent back to Planning Commission for possible zoning change to S-2.  Ordinance will be on the October 8, 2012 Council Meeting Agenda.

 

Mayor Mitchell called for a five minute recess at 8:02 p.m.

 

 

Mayor Mitchell said he would like to respond to the request from Herb Monicer concerning the documents he had submitted on Saturday.  The documents will be in the October 2012 Council Package.

 

Minutes

 

The minutes of the August 13, 2012 meeting were presented for approval.  Vice Mayor Mariner had some proposed changes to the minutes because he did not feel the minutes quiet captured what had been talked about and he had expanded the comments.  The approval of the minutes was deferred to the next meeting.

 

New Business

 

8.      Resolution 6-2012 - A Resolution Celebrating Forty Years of the Norris Chapter of AARP was presented for approval.  Motion was made by Vice Mayor Mariner to approve the resolution.  Motion was seconded by Loy Johnson.  Motion carried by voice vote.

9.      Ordinance to update Chapter 13 of Norris Municipal Code pertaining to a Property Maintenance Regulations was reviewed.  This update request is a result of a complaint filed on the property.  City Manager Hester said there is no one currently living in the house the complaint was filed on.  City Manager Hester sent the current code to MTAS for review.   Since our current code was dated 1972, MTAS recommended adopting a new code byordinance  addressing the new state codes.   He has requested a sample code from MTAS but did not receive in time for the current meeting.  This will stay on the agenda until it is resolved. 

HEAR FROM THE PUBLIC

1)       Gary Golden, Dale Rd. asked if there was going to be anything done concerning the unlawful removal of the trees on 441.  City Manager said there were trees removed on city property by members of the Covenant Life Church.  He stated he had met with them several times on the property and they have shown a willingness to repair the area and plant trees.  The Tree Commission is currently preparing recommendations as to the replacement of trees.   This recommendation will be discussed at the Tree Commission Meeting on September 24, 2012.

 

 

CITY MANAGER REPORT

 

City Manager Hester reported on the following:

 

1)      2012 Property tax collection is on track - currently 81%

2)      Reported the City of Norris/Norris Water Commission had been awarded a TMLA Safety Grant in the amount of $1,000.

3)      TOSHA inspection was done in August.  Recommendations from TOSHA, including training, have been completed.

4)      Special Recognition was extended to Shirley Walker, Public Works Director, for 20 years of service to the City.  An appreciation dinner was held on September 5th, 2012 for City and NWC employees in Shirley's honor.

 

See attached City Manager Report.

 

 

10.  Council Member Wilson moved to adjourn.  Motion was seconded by Council Member Johnson. Motion carried by voice vote.  8:35 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TO:                  Norris City Council                                      

DATE:             September 10, 2012

FROM:            Tim Hester                                                

RE:                  City Manager's Report

 

  1. 2012-13 Year to Date (Estimated through August) Budget.   Revenues, with 77% of property tax collected, and Expenditures are on track to budget.

Reminder: Final Fiscal Year 2011-12 figures will be available later this summer.

  1. 20th Anniversary.   Special recognition and gratitude are extended to Shirley Walker for 20 years of service to the City.   An appreciation dinner was held on September 5th for City and NWC employees in Shirley's honor. 

 

  1. TOSHA Inspection.   The annual TOSHA survey was conducted in August.  Recommendations from TOSHA included:
    1. To expand the City's Public Works department training for dealing with Blood Born Pathogens.  A training program was developed and employees trained on September 5, 2012.
    2. To conduct annual training for Blood Born Pathogens in the Public Safety Department (P.O.S.T. does not require annual training).   Training scheduled for September 2012.
    3. To expand the City's Public Works department's operating procedures for Lock out/Tag out when conducting vehicle or lawn mower maintenance.   Procedures added and implemented on August 31, 2012.

 

  1. Grant Updates.
    1. HOME GRANT.   Applications will not be accepted until fall of 2012
    2. LPRF Grant.   The 2012 grant has been submitted.  It features improvements for both Ridgeway Park and Oak Road Park, and includes play and exercise equipment for all ages!   Grant awards are expected to be announced in October.
    3. Planning Grant.   Order has been placed for computer hardware and software to complete this grant.   These items will be used to finish the transition process from the State Local Planning Office to County and City resources.
    4. TML Safety Grant. We received the Safety Grant for $1,000.   Money will be used to upgrade safety gear.

 

  1. Annexation Updates.    Annexation Ordinance 545 has been challenged.   Court dates have been set for November 27 & 28, 2012.  

 

  1. Norris City Council Election.   Election for the next two-year term of Norris City Council is on Tuesday, November 6, 2012.  Write-in candidates may submit qualifying paperwork at the Election Commission office at the County Courthouse.    September 17th at noon is the last day to submit qualifying papers.